56Aeronautical charges

56 Aeronautical charges

(1) In this section:

aeronautical charge means a charge for, or in respect of:

(a) the use by an aircraft of a Federal airport; or

(b) services or facilities provided by the Corporation;

and, without limiting the generality of the foregoing, includes:

(c) a charge for the landing or parking of an aircraft at a Federal airport;

(d) a charge relating to the embarkation or disembarkation of aircraft passengers at a Federal airport; and

(e) a charge relating to the handling of cargo carried on an aircraft;

but does not include any charge made under, or because of, a contract, a lease, a licence, or an authority, in writing under the common seal of the Corporation.

Federal airport includes a jointly used area.

(2) Subject to this section, the Corporation may, from time to time, make determinations fixing or varying aeronautical charges and specifying the persons by whom the charges are payable and the times when the charges are due and payable. (2A) This section has effect subject to the Prices Surveillance Act 1983. (3) The Corporation shall not make a determination under subsection (2) unless it has notified the Minister of the proposed determination. (4) Notification under subsection (3) of a proposed determination:

(a) shall be made to the Minister in writing;

(b) shall specify the day on and from which the determination is, if not disapproved by the Minister, intended to operate;

(c) where the proposed determination relates to the fixing of an aeronautical charge—shall specify the basis of the proposed charge; and

(d) where the proposed determination relates to the variation of an aeronautical charge—shall specify the reason for the proposed variation.

(4A) Where the Corporation receives:

(a) a notice under paragraph 19(1)(b) of the Prices Surveillance Act 1983 about an inquiry into the supply of services, by the Corporation, to which the proposed determination relates; or

(b) a notice under section 28 of that Act withdrawing such a notice;

the Corporation must, in writing, inform the Minister of the notice and its contents. (4B) Where the Corporation is given, under section 26 of the Prices Surveillance Act 1983, a report on an inquiry held under that Act in relation to the supply of services by the Corporation, it must give a copy of the report to the Minister. (5) The Minister may, within the period referred to in subsection (6A), give notice in writing to the Corporation disapproving the proposed determination. (6) In exercising the powers under subsection (5), the Minister shall have regard to the duties and the responsibilities of the Corporation under this Act. (6A) The period within which the Minister may give notice is: